BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

 17^th DAY OF AUGUST 2016

O R D E R

SRI. P.V SINGRI, PRESIDENT

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OP) with a prayer to refund him Rs.25,572/- paid towards membership, Rs.50,000/- towards compensation for having caused physical strain and mental agony and Rs.1,000/- towards litigation cost.

 2. The brief averments made in the complaint are as under:

On 05.05.2012, the complainant bought a membership of OPs by paying Rs.25,572/- and his membership number is LMC167BU.  That the complainant made an online booking for a holiday package with OP-1, which was confirmed from 04.05.2012 till 06.05.2012.  The total money paid by the complainant was Rs.25,572/- which included membership fees of Rs.20,000/-, membership annual fees of Rs.1,972/- and reservation fees of Rs.3,600/-.  That as per the information given the complainant reached the club house and the receptionist working at OP-1 assigned him a room that was under construction with ongoing maintenance work.  That the said room is full of dust and when complainant complained about the same, the receptionist assured that the room would be ready in one hour and gave him another room as standby.  That the other room that was given to complainant was unclean and AC did not work.  Despite this, the complainant adjusted as he was promised by OP-2 that everything will be sorted out.  That the complainant waited for two hours but there was no response from the personnel of OPs.  That when the complainant enquired about the room again he was told that it would be ready in another 30 minutes but OP-2 kept on delaying the complainant request.  The receptionist was extremely rude and abused the complainant in local language.  Frustrated with the behavior of the staff, the complainant requested the concerned manager of OP-2 to allow him to check out and return back the money that he had paid at the time of booking the holiday package.  That the manager of OPs refused to refund the money and asked him to contact their online team.  Therefore, the complainant requested OP-2 via mail to terminate his membership and refund him the money.  Though OP-2 promised to resolve the issue and refund money within 7 days but failed to do so till today.

That the complainant was unhappy with the services meted out to him and sorely disappointed at the appalling level of service that has been meted out to him.  That the complainant has undergone enormous amount of mental agony and financial loss due to the conduct of OPs which amounts to deficiency of service.  Therefore, the complainant prays for allowing the complaint as prayed for in the complaint.

3. OPs in response to the notice issued appeared through their advocate and filed their version.  The sum and substance of the version is as under:

That the complainant has taken membership No.LMC-167/BU Classic membership in the year 2010 while he was at Orissa.  However, the complainant without disclosing the same has filed the present complaint.  That the complainant was allotted room No.208 on 04.05.2012 which was clean and was fit for occupation.  However, the complainant with ulterior motive to claim the refund of the amount is making false allegations.  That the said room No.208 was occupied by other members previously who checked out in the morning of 04.05.2012.  That the said room was occupied by other members subsequent to checking out by the complainant and none have complained about the said room so for.

That it is blatantly false to state that the complainant booked a holiday package by paying Rs.25,572/- from 04^th May 2012 to 06^th May 2012.  That the said holiday was booked under complimentary holiday package available to him under the membership scheme.  Under the said scheme the complainant has paid only a sum of Rs.1,400/- towards utility charges, room charges, room taxes at Rs.700/- per day for two days.  Apart from that the complainant has paid a sum of Rs.2,200/- towards food which includes breakfast, lunch, snacks and dinner for two persons for two days.  That the membership fee paid by the complainant is non refundable.  That the complainant is making false allegations with an ulterior motive to get back the money paid by him.

For the reasons stated above, OPs pray for dismissal of the complaint with exemplary costs.

4. The complainant has submitted his affidavit evidence to substantiate the allegations made in the complaint.  The OPs got filed the affidavit evidence of their Administration Manager Mr.Venkatesh Verma C reiterating the averments made in the version.  Both the parties have produced certain documents to substantiate their respective contentions.    

5. The points that arise for our determination in this case are as under:

        6. Perused the allegations made in the complaint, averments made in the version, sworn testimony of both parties, various documents produced by both sides and other materials placed on record.

7. Our answer to the above points are as under:

REASONS

8.  The complainant claims that, he bought a membership of the OPs by paying a sum of Rs.25,572/- and his membership number is LMC-167/BU.  He further claims that, he booked a holiday package with OP-2 which was from 04^th May 2012 till 06^th May 2012.  He further claims that, the total money paid by him towards the said holiday package was Rs.25,572/- including membership fee of Rs.20,000/-, membership annual fees of Rs.1,972/- and reservation fees of Rs.3,600/-.  Though the complainant claims that, he has produced the copy of the receipt for Rs.25,572/- at annexure-1 but no annexure is found along with the complaint.  Similarly the complainant claims that, he has attached a copy of the bill for Rs.25,572/- paid to OPs but no such copy of the bill is annexed to the complaint.  In fact the complainant has not at all produced any documentary evidence to substantiate that he bought a membership from OPs on 05^th May 2012 as claimed in the complaint.

9. It is pertinent to note that, though he claims that, he has bought membership on 05^th May 2012 but his holiday package is from 04^th May 2012 till 06^th May 2012.  We wonder how could the complainant can book a holiday package with OPs even without becoming member and prior to buying a membership.  The complainant has produced a xerox copy of eVoucher itinerary/receipt for a sum of Rs.3,600/- which includes Rs.1,400/- towards room charges and Rs.2,200/- towards meal charges.  OPs admit the receipt of the said sum of Rs.3,600/- as mentioned in the eVoucher itinerary/receipt dated 04.04.2012.  The said receipt indicates that the complainant has become a member earlier and not on 05^th May 2012 as claimed by him in the complaint.  In their affidavit the Administration Manager of OP-2 contended that the complainant has become member under “Ek Ka Teen offer” scheme where under 4 members would take up the membership by paying a sum of Rs.19,531/- which gives each member including the complainant herein discount of Rs.5,469/-.  It is further stated by the OPs that the complainant without disclosing the same falsely contend that he has bought the membership on 05.05.2012 by paying a sum of Rs.25,572/-.  OPs to substantiate their contention have produced the copy of purchase agreement entered between the complainant and OP-2 on 31^st January 2010.  The complainant did not deny that he became member under “Ek Ka Teen offer” scheme extended by the OPs by paying a sum of Rs.19,531/-.  He also did not deny the execution of the purchase agreement dated 31^st January 2010, the copy of which is produced by the OPs.  Thus the documents produced by the OPs and the sworn testimony of the Administration Manager of OP-1 falsifies the claim of the complainant that he bought membership on 05^th May 2012 by paying a sum of Rs.25,572/-.  Further the claim of the complainant that he booked a holiday package with the OPs by paying Rs.25,572/- is also false and baseless, as the complainant has not at all produced any documentary evidence to substantiate the same.

10. According to the copy of the receipt produced by the complainant himself he was allotted room no.208 at Country Club, Sarjapur Road, Bangalore on 04.05.2012 for which a sum of Rs.4,874/- has been charged.  The complainant alleges that the said room was dusty and AC was not working and was not fit for occupying.  However the copies of certain receipts produced by the OPs pertaining to room No.208 discloses that the said room was allotted to one Jayanthi D Sharma for the period between 29.04.2012 to 03.05.2012.  There is no any complaint from the said Jayanthi D Sharma regarding the maintenance of the room.  Similarly the said room No.208 has been allotted to one Rashmi Siwta from 04.05.2012 to 07.05.2012 subsequent to vacating the said room by the complainant and there is no any complaint from said Rashmi Siwta regarding the maintenance of the said room.  The fact that two families stayed in the said room prior and subsequent to the complainant staying in the said room without any complaint indicates that the said room was well maintained and was fit for occupation.  The photograph of the said room produced by the OPs also discloses that the said room is maintained clean and tidy.  The complainant in his affidavit evidence did not deny the averments made by the OPs in their version.  The complainant also did not deny that prior and subsequent to his occupation several other guests have stayed in the said room without any complaint.  This indicates that there is no truth in the allegations of the complainant that the said room No.208 was not clean and tidy and was un fit for occupation.

11. Thus looking from any angle, we don’t find any substance in any of the allegations made by the complainant in his complaint.  Moreover the terms and conditions of purchase agreement envisages that the membership fee paid by the complainant is non refundable.  Therefore, we are of the opinion that the complainant has miserably failed to prove any deficiency on the part of OPs.  Therefore, the complaint is liable to be dismissed.     

12. The order could not be passed within the stipulated time due to heavy pendency. 

13. In the result, we proceed to pass the following:   

  O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is dismissed.  No order as to costs.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 17^th day of August 2016)

MEMBER                            MEMBER                    PRESIDENT

Vln* 

Witnesses examined on behalf of the complainant dated 07.02.2013.

1. Mr.Bibhu Prasad Panda

Documents produced by the complainant:

Witnesses examined on behalf of the Opposite party/s dated 04.04.2013.

1. Sri.Venkatesh Verma C.  

Documents produced by the Opposite Party:

  MEMBER                           MEMBER                     PRESIDENT

   Vln*